Kimberly J. McPherson waits as her conditions of release documents are signed in Lewis County Superior Court this afternoon.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – Prosecutors have charged the driver in a fatal Christmas Eve wreck in rural Chehalis with vehicular homicide.
The passenger Thomas D. Lininger, 43, of Chehalis died at the scene of the single-car collision on state Route 508 near Forest-Napavine Road.
Four of his five children and other family members were present in the courtroom today when Kimberly J. McPherson appeared before a judge.
McPherson had been summonsed to Lewis County Superior Court. Lewis County Chief Criminal Deputy Prosecutor Brad Meagher requested McPherson be allowed to remain free pending trial, with a $25,000 unsecured bond.
Thomas Lininger and his children
He also asked the judge to prohibit McPherson from driving as a condition of her release.
Judge Joely O’Rourke asked if he had community safety concerns.
“I don’t want to hinder the taxpayers with medical bills or make it any more difficult with doctors,” Meagher said. “I am convinced if she doesn’t get behind the wheel of a car, everybody’s better off.”
Temporary defense attorney Rachael Tiller told the judge her client resides locally, has been evaluated at Eugenia Center and is actively involved in treatment. She also has surgery scheduled for tomorrow in Tacoma, Tiller said.
McPherson, 51, used crutches this afternoon and wore a slipper-type shoe on her left foot.
Prosecutors allege McPherson was under the influence of a drug or drugs the night of the accident.
Lininger’s sisters said the couple had just left a family dinner when it happened. Troopers and aid called about 8:40 p.m. on Dec. 24 found the two trapped inside the Honda Accord
“The investigation led the patrol to conclude the defendant drove straight off the road, through a grassy patch, striking a tree,” Lewis County Prosecutor Jonathan Meyer wrote in charging documents. “There was no indication of any attempt to break (sp) or swerve to avoid the collision.”
Lininger died at the scene from head trauma, according to Meyer.
A trooper contacted McPherson at the hospital and a breath sample provided indicated she was not under the influence of alcohol, but she admitted to using controlled substances earlier in the day, according to Meyer.
Both methamphetamine and heroin were allegedly found in the car, and some meth inside McPherson’s purse, Meyer wrote. She is also charged with possession of methamphetamine and possession of heroin.
Charging documents state the results of a blood test reveal the presence of meth, opiates and morphine, though the opiate-morphine result may have been from drugs administered at the hospital, according to Meyer.
Centralia attorney Don Blair was appointed to represent her. She has a conviction for second-degree robbery and a controlled substance violation from 1996, according to Meagher.
Judge O’Rourke ordered standard conditions of release and added further restrictions.
McPherson may not go within 30 feet of any bar or tavern, may not get behind the wheel of any vehicle, even a bicycle, O’Rourke said.
“I’m also adding you may not be outside your residence past 10 o’clock in the evening,” O’Rourke said. “Do you understand that?”
Troopers reported McPherson is a Centralia resident, but prosecutors show a Tenino post office box as her mailing address.
Lininger’s two sisters said outside the courtroom they felt satisfied with what they heard and understood it’s a slow process, but would rather authorities take the time and get it right.
Their brother’s death would have been less difficult if it hadn’t have been preventable, they said.
Vehicular homicide has a maximum penalty of life in prison and/or a $50,000 fine. McPherson’s arraignment is scheduled for March 16.
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For background, read “Christmas Eve crash claims a life, south of Chehalis” from Sunday December 25, 2016, here
Tags: By Sharyn L. Decker, news reporter
I put blame on all those who drive under the influence of drugs or alcohol not just “kim” Stay off the road…its selfish and you not only put your self and others in your vehicle in danger but also everyone else you share the road with. She made a bad choice and needs to have consequences for that.
My brother Tom lost his life. He should not have gotten in the car. He a grown man😉 made that choice which again obvious. All his siblings and children know this…we understand that much. However even in knowing that Kim needs AND deserves to have consequences…being “sorry” is not enough. As the driver she was and is responsible for this…and I put full 100 % blame on her as the “driver”. Putting aside her and toms relationshi8p. She drove under the influence of a substance.
I’ve never threatened or attacked anyone in person or on social media😂😂 bahaha ahh lord. Infact I think I’ve been super nice to Kim. I don’t hate Kim. I’m upset…just lost my big brother. I’ve had to deal and continue to deal with stuff no one should have to deal with. Tom began to make changes that his family and only his family could see and care about. There was daily steps Tom was taking to get clean. Ya, he was not clean at the time of death but he was making positive changes. As an outsider and not apart of our family I could see your lack of care or interest in those changes.
Kim chose to drive while she was on drugs and should be charged for that. Tom chose to get in the car and leave with her. Drugs were found in her purse and in the car. She admitted using drugs to the police. It doesn’t matter what Tom had plans to do, or how he was going to change his life, or what he did or didn’t believe in because the truth is he hadn’t stopped using and that decision cost him his life. His family is obviously full of hate for one another but what’s sad and horrible is the way his sisters and his ex have acted online which his kids and grandkids can see. The mother of his kids and his sisters need to remember to be positive role models and good examples. Stop attacking and threatening people, focus on the kids and act like ADULTS!
She shouldn’t of been driving she should be held accountable for that and if she knowingly caused the wreck then she should be held responsible for his death, but both were adults, both chose to leave in the car, neither kept their drug use a secret from the other since they both used. Drugs were found in the car not just her purse is what the article says. It’s too bad that he never got the chance to get clean and the fact that he was thinking about it was his first steps towards changing his life but in reality he hadn’t yet.
Good people often times make bad mistakes. In this case it cost someone their life.
DUI is so preventable….if you drink do not drive no matter how “good” a driver you think you are.
Sad all around one person is dead and another will most likely spend time in prison.
My heart breaks for Tom’s children and sisters. When Tom was at his mothers funeral, less then a year ago, from the time of his death. He gave his heart to the Lord. Since then he tried to stay close to his clean family. He made a pack with his brother to get clean and straighten up. He was doing so good. (Can’t say he was perfect) but really trying. People were seeing a big difference in him, and working with him. He was working with them. This was a needless death! Drugs and jealousy took this life. The one thing that gives us any peace. Is know he is with his mom in heaven. Received with open arms from our Lord and Savior.
Much love: KD
Such a sad deal. I know these two. Tom was a good guy. He was always friendly and had a good sense of humor.
I also feel for Kim as well. Nobody deserves the pain and stress she is most certainly going through. She would never intentionally hurt Tom like that. They both made a mistake, but the price each of them has/will pay is more than I would wish on even the worst of the worst.
I miss you Tom and hang in there Kim. I think about you guys often.
– R.M.